A ^* ° ■ ° * v ^* 




% 






• • » v* 






#*•% 
























<s> 












r 




The 

United States 




Laws and Customs 
Concerning It 






LAWS AND CUSTOMS 

REGULATING THE USE OF 

THE FLAG 

OF THE 

UNITED STATES 



PREPARED BY 

PROFESSOR BERNARD J. CIGRAND 

FORMER PRESIDENT CHICAGO PUBLIC LIBRARY 



Copyright, 1917, Marshall Field & Co. 
PUBLISHED AND DISTRIBUTED BY 

MARSHALL FIELD & COMPANY 
CHICAGO 



■©CI.A479020 

NOV 10 1917 



INTRODUCTION 

THIS brief treatise on the laws, cus- 
toms and usages of the American 
flag is published in response to daily in- 
quiries requesting authoritative answer. 

Such an authority, according to federal 
government officials, is Prof. Bernard J. 
Cigrand, of the University of Illinois, and 
an authority on heraldic Americana. It 
is to him that we are indebted for the 
accuracy and comprehensiveness of the 
regulations given in these pages. 

In presenting to the public this book- 
let for distribution it is with the hope 
that it may prove of service in making 
readily available such information as 
will tend to increase the evidences of 
public respect for our national emblem. 

Marshall Field & Company 



CONTENTS 

Days for Displaying the Flag. 5 

Laws Establishing the Flag 6 

Laws Protecting the Flag . . . . 7 

Customs Concerning the Flag 8 

Pledges of Allegiance to the Flag 9 

Usages Concerning the Flag 10 

Flag Raising Programs 10 

Carrying the Flag in a Parade. 10 

How to hang the Flag in a window. 11 

Perpendicular draping of a large Flag 11 

Manner of using the Flag as a badge 12 

Using Flags of other Nations with Ours 12 

Coloring the Flag on the skin 12 

Laws against using the Flag on merchandise. 12 

Manner of draping two Flags together. ..... 12 

On flying the Flag in stormy weather 13 

On flying the Flag at night 13 

Position of the stars in the Flag 13 

Nothing to be placed above the Flag 13 

Blue to be on top in use of Bunting 13 

Correct form of the Shield 14 

What tassels on the Flag signify 14 

Manner of disposing of Flag when Old or 

Torn 14 

The Legal Name of the Flag 14 

Permissible Names for the Flag , 14 

Comparative Age of Our Flag 15 

Interpretations of the Flag 15 

The Star Spangled Banner . 16 



(4) 



LAWS AND CUSTOMS 

REGULATING THE USE OF THE 

FLAG OF THE UNITED STATES 



Days for Displaying the Flag 

It is the accepted custom among civilians to 
display the national flag on all patriotic occasions, 
especially on the following days : 

Lincoln's Birthday February 12 

Washington's Birthday February 22 

Mothers' Day Second Sunday in May 

Memorial Day May 30 

Flag Day June 14 

Independence Day July 4 

In certain localities other special days are 
observed in the same manner. 

Other such days include : 

Battle of New Orleans January 8 

Inauguration Day, every fourth year March 4 

Andrew Jackson's Birthday March 15 

Thomas Jefferson's Birthday April 13 

Anniversary of the Battle of Lexington April 19 

U. S. Grant's Birthday ". April 27 

Anniversary of the Battle of Manila Bay May 1 

Perry Day May 29 

Anniversary of the Battle of Bunker Hill June 17 

Labor Day First Monday in September 

Lake Erie Day September 10 

Lake Champlain Day September 1 1 

Emancipation Proclamation September 22 

Columbus Day October 12 

Anniversary of the Battle of Saratoga October 17 

Anniversary of the Surrender of Yorktown October 19 

Anniversary of the Evacuation of Yorktown . . . November 25 
All Election Days. 

Many of the above anniversaries have a local, 
rather than a national observance. 

Upon any appointed day for the public demonstra- 
tion of patriotism it is customary to display the flag. 

(5) 



Laws Establishing the Flag 

The Continental Congress, on June 14, 1777, 
adopted the United States flag, the resolution 
reading: "That the flag of the United States be 
thirteen stripes, alternate red and white, that the 
union be thirteen stars, white in a blue field, 
representing a new constellation." 



THE ORIGINAL RESOLUTION CREATING THE FLAG 
OF THE UNITED STATES 



The Congress of the United States in May, 
1795, added two more stripes and two more stars, 
fifteen in all, the additional stripes and stars to 
represent two new states: Vermont, admitted to 
the Union in 1791, and Kentucky, 1792. 

On April 4, 1818, the Congress added five more 
stars for five new states which had been admitted, 
as follows: Tennessee, 1796, Ohio, 1802, Louisiana, 



1812, Indiana, 1816, Mississippi, 1817. This made 
twenty stars. Illinois, admitted in 1818, did not 
receive her star on the flag until July 4, 1819. 
The law in 1818 also ordered that the number of 
stripes be thirteen horizontal stripes, alternate 
red and white. 

Section 2 of this same law provided, "That on 
the admission of every new state into the Union, 
one star be added to the union of the flag ; and that 
such addition shall take effect on the 4th of July 
next succeeding such admission." This fixed the 
date for the perfecting of the flag — a date that will 
be one hundred years passed on April 4, 1918. 



Laws Protecting the Flag 

A Federal law, approved February 20, 1905, 
provides : That a trade-mark cannot be registered 
which consists of or comprises, inter alia, "the 
flag, coat-of-arms or other insignia of the United 
States, or any simulation thereof." 

A Federal law, approved February 8, 1917, 
applying only to the District of Columbia, provides 
certain penalties for the desecration, mutilation 
and improper use of the national flag. 

Several states of the Union have enacted similar 
laws upon the subject, as also have many counties 
and municipalities. 

The Department of Justice has issued a warning 
against the desecration of the American flag by 
aliens, in the following words: 

(7) 



"Any alien enemy tearing down, mutilating, 
abusing or desecrating the United States flag in 
any way will be regarded as a danger to the public 
peace or safety within the meaning of regulation 12 
of the proclamation of the President, issued April 6, 
1917, and will be subject to summary arrest and 
punishment." 

In the meaning of the Federal law regarding the 
use of flags in connection with trade-marks it has 
been determined that the flag must not be used 
in connection with advertising matter of any kind. 
This applies equally to the coat-of-arms of the 
United States. It does not, however, apply to the 
use of the colors, red, white and blue, concerning 
which there are no statutes. 

The Post-office Department does not object to 
the use of envelopes bearing pictures of the flag, 
when placed upon the back of the envelope. When 
on the face of the envelope in most cases the 
stamp cannot be cancelled, nor the letter post- 
marked, without defacing the flag. 

v 

Customs Concerning the Flag 
Saluting the flag, by individuals and organized 

civic or military bodies, is an almost universal 

custom in every country. 

In the United States Army there are prescribed 

rules for the salute of the flag, but such rules do 

not apply to civilians. 

Lowering the flag to half mast — that is, putting 

it at or near the center of the staff — is universally 

(8) 



recognized as a symbol of mourning. But before 
placing the flag at half mast it must have been 
raised to top of pole or staff. This is done on the 
forenoon of Memorial Day, or upon the death of 
any great statesman, or whenever officially re- 
quired. At twelve o'clock, sharp, on Memorial 
Day the flag is raised to the top of the pole. 

Pledges of allegiance to the flag, while prescribed 
in some counties, are unofficial by the United 
States, except the oath of allegiance to the United 
States. 

Many expressions of loyalty to the flag have 
been used in unofficial ceremonies. One form often 
used are lines from Oliver W. Holmes, and read: 

"One flag, one land, 
One heart, one hand, 
One nation evermore." 



Another form often used is : 

"The union of lakes, the union of lands, 
The union of states none can sever; 

The union of hearts, the union of hands, 
And the Flag of our Union forever." 

The following pledge, approved by the Board of 
Education, is used in the schools of Chicago, and 
in schools of many other communities: 

" I pledge allegiance to the American Flag, 
and to the Republic for which it stands; 
one nation, indivisible, with liberty and 
justice for all." 

(9) 



Usages Concerning the Flag 
The following usages, sanctioned by custom and 
common consent, are generally accepted: 

Flag raising programs may vary greatly with 
local circumstances. It is preferred to have a 
Liberty pole. Before the flag is raised there should 
be prayer or blessing on the flag by some minister 
of the Gospel, paying tribute to the emblem for its 
guarantee of freedom of religion and liberality of 
its political principles. In the actual honor of rais- 
ing the flag, preference is given to military or naval 
men who have personally defended the flag. In 
the absence of such, the honor may fall to any 
distinguished man or woman or group selected 
for the honor, or a chosen group of boys and girls. 
The flag should be raised slowly. All men should 
remove their hats, placing same over left breast, 
and stand at attention. Music, preferably the 
"Star Spangled Banner," " America," or other 
national songs, should be played at the time. When 
the flag is at the top one person, representing the 
entire audience, may repeat the pledge of allegiance, 
using the word "we" instead of the usual pronoun 
"I." If the audience is familiar with the pledge 
all should repeat it with some person acting as 
leader or prompter. This should be followed 
immediately or later, by an address relative to the 
American flag. 

When the American flag is carried in a parade it 
should always precede all other flags that may be 

(10) 



carried; and state, municipal and other subordinate 
flags should be at the left of the national flag. The 
flag should be on a staff, raised at more than 45 
degrees. In memorial or funeral parade the flag 
may be either dipped or drooped forward, or may 
have a shroud tied about it as it is wrapped about 
the staff. In a military, naval or civic parade it 
is permissible to have, on the same staff, but lower 
down, a pennant denoting the character of the 
regiment or divisions. When a regimental flag 
in a parade passes, it is a mark of personal respect 
for men to remove their hats, and women to bow 
their heads. All military men are required to stand 
at salute. 

When a flag is placed in a window it should be 
so placed that it will be viewed with the starry 
field in the upper left hand corner, with the stripes 
horizontal. The person hanging the flag thus will 
have the stars on his right side, while to the 
viewer it will be on the left. 

When a flag is projected from a window, on a 
pole, or on a wire or rope, the starry field is placed 
furthest from the house displaying it, except when 
facing a parade, with the flag suspended across the 
street, with the stripes perpendicular, in which case 
the starry field goes in the upper left hand corner 
as viewed by the parade. 

When it is expedient it is permissible to drape 
a large flag with the stripes perpendicular, with the 
starry field at the top and to the left of the more 
conspicuous view. While raising or while lowering 

(ii) 



the flag it must not touch the ground; care for it 
tenderly and respectfully. 

When a flag is made up as a badge the blue 
union with the stars is on the right side, and is 
viewed as from the lef t — the same position as if the 
flag were displayed to public view, The G. A. R, 
badge has it correctly displayed. 

When decorating a picture with three flags the 
American flag goes to the top and the foreign flags 
on either side. If French and English flags are 
used the French is shown on the right side of the 
picture, the English on the left. 

Governments have encouraged sailors and sol- 
diers to have their national flag colored into the 
skin as a means of identification. But for unen- 
listed persons to execute this is considered disre- 
spectful to the flag. 

The flag, or any painted or printed representa- 
tion of it, should never be placed where it can be 
stepped upon or sat upon; or any object, especially 
merchandise for sale, placed upon it. 

The flag in any form should never appear on 
towels, handkerchiefs, aprons or other utilitarian 
clothes of any kind. In some states such desecra- 
tions of the flag are prohibited by statutes, and 
shipping or traveling in these states with such 
desecrations would make one liable to law. 

When two flags are draped together the unions 
should be placed together, and not separate. One 
may drape the flag into many forms, but keep the 

(12) 



union on top. Driving nails in the flag to hold it 
in place is considered wrong. Preferably it should 
be tied with red, white or blue cord; or use the 
tri-colored cord. 

In stormy weather it is considered unkind to 
permit the flag to fly, except in battle, where it 
may wave night and day, without regard for the 
weather. 

The flag, in times of peace, is not permitted by 
correct usage to float all night, except at the grave 
of Francis Scott Key, author of "The Star Spangled 
Banner." The War Department has ruled that 
during war, the American flag may float all night, 
if intended for patriotic and not advertising 
purposes. 

When stars are placed on the blue field, in 
making or painting a flag, one point of each star 
should point to the zenith. 

The stars in the flag are always white; never 
gold. 

When a flag is worn as an emblem on the coat 
or other garment no other token should ever be 
worn above it. 

For one hour every Sunday morning every 
American battleship floats above the stars and 
stripes the sign of the cross, a white pennant with 
blue cross, during devotional service. This is the 
only occasion when any emblem may be put above 
the flag. The War Department has issued a rule 

(13) 



that no object or emblem (picture or sign) of any 
kind shall be placed above or upon the United 
States flag. 

The blue color in the flag, shield or bunting 
should invariably be at the top. This accords 
with the proprieties of heraldry, from which there 
is no appeal. If the blue in the bunting should 
contain stars it would emphatically indicate that 
the stars be on top, for if placed below, it would 
be equivalent to placing the flag upside down. 

The shield of the United States, contrary to the 
popular assumption of many, does not contain 
stars. It has a blue " chief " at the top, and below 
are red and white stripes, seven white and six 
red, whereas on the flag there are seven red and six 
white ones. 

Tassels are properly attached only to flags that 
have been in battle and returned with victory, 
or which have been in army and navy service, or 
have had, or are about to have, a memorable 
career. The same is true of the fringe on the 
flags. The chief flag, the general body-guard colors 
and other important standards are also given the 
fringe. 

When a flag has become old and torn it should 
not be allowed to be thrown around and treated 
with disrespect, but should be burned. Such is the 
example and the method used by the Government 
in disposing of outworn flags, except that those of 
historic worth are encased in metal tubes, sealed 
and labeled. 

(14) 



The legal name for our emblematic cloth is 
"The United States Flag." Permissible terms: 
"The American Flag,"- "Our National Flag," 
"The Star Spangled Banner," "Stars and Stripes," 
"Old Glory" and "Flag of the Free." In the 
army it is called "Standard," while in the navy 
it is known as "Ensign." 

Comparative Age of Our Flag 

While the United States is the youngest among 
the great nations, yet her flag is one of the oldest 
in the world. It was adopted June 14, 1777. 
Other flags were adopted as follows: France, 
1794; Great Britain, 1801; Spain, 1785; Italy, 1848; 
Sweden and Norway, 1817; Portugal, 1816; 
Germany, 1870; Belgium, 1831. China, Japan 
and the South American Republics all have more 
recent standards than our own . 

Interpretations 

Many writers and orators have ventured an 
interpretation or definition of the colors or tinctures 
in the American flag. Although these imaginary 
ideas express much poetic beauty and ingenuity, 
yet such interpretations have no official sanction. 

The Continental Congress bequeathed the inter- 
pretation in the following order : 

White signifies purity and innocence. 

Red: Hardiness and valor. 

Blue: Vigilance, perseverance and justice. 

(15) 



THE AMERICAN FLAG 

By Joseph Rodman Drake 

When Freedom from her mountain height 
Unfurled her standard to the air, 

She tore the azure robe of night, 

And set the Stars of glory there. 

She mingled with its gorgeous dyes 

The milky baldric of the skies, 

And striped its pure, celestial white 

With streakings of the morning light; 

Then from his mansion in the sun 

She called her eagle bearer down, 

And gave into his mighty hand 

The symbol of her chosen land. 
* * * 

Flag of the free, heart's hope and home! 

By angel hands to valor given ; 
Thy stars have lit the welkin dome, 

And all thy hues were born in heaven. 
Forever float that standard sheet ! 

Where breathes the foe but falls before us, 
With Freedom's soil beneath our feet, 

And Freedom's banner streaming o'er us? 



THE STAR SPANGLED BANNER 

Oh! say, can you see, by the dawn's early light, 

What so proudly we hailed at the twilight's last gleaming, 
Whose broad stripes and bright stars thro' the perilous fight, 

O'er the ramparts we watch'd, were so gallantly streaming? 
And the rockets' red glare, the bombs bursting in air, 

Gave proof thro' the night that our flag was still there. 
Oh, say, does that star spangled banner yet wave 

O'er the land of the free, and the home of the brave? 

On the shore, dimly seen thro' the mists of the deep, 

Where the foe's haughty host in dread silence reposes, 
What is that which the breeze, o'er the towering steep, 

As it fitfully blows, half conceals, half discloses? 
Now it catches the gleam of the morning's first beam, 

In full glory reflected, now shines on the stream; 
'Tis the star spangled banner! Oh, long may it wave 

O'er the land of the free, and the home of the brave. 

Oh! thus be it ever when freemen shall stand 

Between their loved homes and the war's desolation; 
Blest with vict'ry and peace, may the heav'n rescued land 

Praise the Pow'r that hath made and preserved us a nation. 
Then conquer we must when our cause, it is just, 

And this be our motto: "In God is our trust!" 
And the star spangled banner in triumph shall wave 

O'er the land of the free, and the home of the brave. 



H 3 78 545 
















r o\r 



<^cr 






if 




